Wife files false complaint against me if i don't provide money.Remedy?
My wife filed a 498 complaint for Dowry after filing a complaint in Mahila Aayog. My parents are also unhappy because of all the behavior of my wife. She has hardly stayed with me after the marriage that happened 2 years ago and keeps on asking for money saying she wants to do her own business / make her career and needs money for that.
When I ask her to come to stay with me she refuses and says she will file another harassment case if I do not give her money.
What should I do now? Should I continue living like this or take some action against her?
You haven't mentioned the status of the 498 complaint made by your wife as well as the details of complaint filed in Mahila Aayog. Our advice would depend on the current status of the complaint and whether the matter is being pursued in the Court or has been settled and closed. In case the matter is still pending in the court, you need to provide us with further details to get our advice as to what can be /cannot be done to sort it out.
On the other hand, if the 498 complaint has been settled, you might want to take a decision whether you would want to stay with your wife or get separated. This can be a mutual decision between you and your wife and you might want to consult your and her parents apprising them of the situation so that a joint decision is taken by all the parties.
In case you would want her to come and stay with you, and she does not consent to it, one way is to file an application under Section 9 of the Hindu Marriage Act 1955 for Restitution of Conjugal Rights wherein the court will give her directions to come and stay with you in her matrimony home.
On the other hand, in case after discussing the issue, you and your family jointly decide for separation, you may file a Mutual Divorce which is the easiest way to get a Divorce and is granted within 6-8 months of filing the petition.
Lastly, in case your wife does not agree to stay with you, and continues to harass you and your family, and you also decide to part ways with her, you may file a petition for Divorce under the various grounds available as per Section 13 of the Hindu Marriage Act 1955.
As per our understanding, we feel that your situation falls under Section 13(1)(ia).
Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:
“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”
Hope this helps.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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